1. General Terms
CCV Global may be referred to as “CCV Global”, “we”, “our” or “us”.
The Komak mobile application, developed by Nabo, is referred to as the “App” (whether on iOS or Android).
Our website (https://www.ccvglobal.org) is referred to as the “Site”.
Users of our Platform are referred to as “Users”, “you” or “your”.
Users of the App who, through the App’s functionality, volunteer to help other Users with their day-to-day activities are referred to as “Volunteers”.
Users of the App who, through the App’s functionality, request assistance from Volunteers with their day-to-day activities are referred to as “Persons-in-Need” or “PINs”.
Our Site and App, and related services, information and communications are collectively referred to as our “Platform”.
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. We may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
If you breach these Terms, we may take action against you, including but not limited to terminating any account you have to use the Services. You acknowledge that we have no obligation to, and will not, compensate you for Services lost due to involuntary suspension or termination of any such account.
4. Use of Services
4.1 Safe and appropriate use
4.2 Interactions with other Users
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other Users and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of the Services, you release CCV Global (and our directors and voluntary staff) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.3 Compliance with Guidelines and Local Law
The Guidelines are based on publicly available guidance from the World Health Organisation (“WHO”) on current best practice with regard to controlling the risk of the novel 2019 coronavirus (Covid-19). CCV Global does not intend the Guidance, or any of the Services, to provide medical or health services, or to provide medical or health advice. Public guidance on how to mitigate the risks of the spread of Covid-19 may change from time to time and while we will make every effort to ensure that the Guidelines are updated to reflect the latest WHO advice, this cannot be guaranteed. By using the Services, you (1) acknowledge and agree that the Services and the Guidelines do not constitute health or medical services, or medical or health advice, and that you will not rely on them as such and (2) to the fullest extent permitted by applicable law, you release CCV Global (and our directors and voluntary staff) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any damage, injury, loss or harm that you may suffer as a consequence of complying with the Guidelines.
The governmental response to the COVID-19 pandemic has varied between jurisdictions and continues to change on a day-by-day basis. Our Services are intended to be used in jurisdictions where the freedom of movement of the general public has not been restricted by local laws and regulations or applicable governmental (or other relevant public authority) policy (“Local Law”). Accordingly, Users shall not use our Services in jurisdictions where such use, or the consequences of such use, would result in breach of applicable Local Law and Users are required to comply with Local Law in all respects. By using the Services, Users agree to release CCV Global (and our directors and voluntary staff) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any breach by them of Local Law as a consequence of their utilisation of our Services.
Volunteers are required upon accessing the App to confirm certain information regarding their health in line with WHO guidance around preventing the dissemination of COVID-19. Confirmation of this information is deemed to be given by Volunteers each time they use the Services. Volunteers who cannot, at any time, truthfully give the confirmations requested are required to cease acting as a Volunteer until such time as they can re-confirm compliance with the required confirmations.
4.4 Who May Use Our Services
Children are not permitted to use our Platform. We define children as anyone under 16 years old, or the age needed to consent to the processing of personal data in your country of residence.
5. Conduct and General Prohibitions
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
collect, store or share any personally identifiable information of other Users from the Services without their express permission, except you are entitled to use personally identifiable information about other Users provided to you through the Services solely for the purpose of contacting such Users;
extract, scrape or index the Services or Content (including information about other Users);
access, tamper with or use non-public areas of the Services or CCV Global's internal material;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source identifying information;
interfere with, or attempt to interfere with, the access of any User, host or network, including without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services;
delete, obscure or in any manner alter any attribution, warning or link that appears in the Services or the Content;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the above.
Although we are not obligated to monitor access to, or use of, the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users and others who violate the law.
Any attempt by you to disrupt or interfere with the Services, including, without limitation, undermining or manipulating the legitimate operation of the Site or the App, is a breach of CCV Global's Terms.
6. Third Party Websites or Resources
Services may contain links to third party websites or resources. CCV Global provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for, and assume all risks arising from, your use of any third party websites or resources.
CCV Global is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilise the Services or access Content and you hereby release CCV Global and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to, such third party services.
7. Disclaimer of Warranties
To the extent permitted by applicable law, the Services and Content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
You assume all risks relating to your online and offline communications and interactions with other Users of the Services and with other persons with whom you communicate or interact. As a result of your use of the Services, you understand that we do not screen or inquire into the background of any Users of the Services. We make no representations or warranties as to the conduct of Users of the Services. You agree to take all reasonable precautions in all communications with other Users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
8. Limitation of Liability
To the extent permitted by applicable law, neither CCV Global nor any other party involved in creating, producing or delivering the Services or Content will be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services, arising out of or in connection with these Terms, or from the use or inability or inability to use the Services or Content, or from any communications, interactions or meetings with other Users of the Platform
9. Dispute Resolution
You agree that disputes between you and CCV Global will be resolved by binding, individual arbitration, and you waive any right you may have to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
10.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between CCV Global and you regarding the Services and the Content, and these Terms supersede and replace any and all prior written or oral understandings or agreements between CCV Global and you regarding the Services and the Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempt by you to assign or transfer such rights or obligations without such consent will be void.
10.4 Force Majeure
Neither CCV Global, any User nor any other party involved in creating, producing or delivering the Services or Content shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, pandemic or epidemic, or any other cause beyond its respective control.
Any delay or failure of CCV Global to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will only be effective if in writing and signed by a duly authorised representative of CCV Global. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under these Terms or otherwise.
10.6 Contact Information
If you have any questions about these Terms or the Services, please contact CCV Global.